WOMAN SUES DEAD BOY

[HairOfTheDog]

Brandon Majewski, 17 -- killed on his bicycle by a motorist

A woman who struck a group of teens with her car is now suing the victims, including the family of the one boy who died in the accident. Sharlene Simon, 42, is seeking compensation for psychological suffering, including post-traumatic stress disorder (PTSD), anxiety and depression she claims is a direct result of the crash.

The accident took place on Innisfil Beach Road in Innisfil, Ontario Canada in the early morning of October, 28, 2012 when Ms. Simon struck the three teens from behind with her SUV while they were riding their bikes. The collision injured two of the teens and claimed the life of 17-year-old Brandon Majewski.

Majewski was going for a late night bike ride with two of his friends when the accident occurred. Majewski, who took the brunt of the blow, was thrown over the hood on impact and died from his injuries. Richard McLean, 16, suffered multiple broken bones from the crash. The teen has since recovered from his injuries. Jake Roberts, 16, came away from the accident with only minor scratches.

Majewski's older brother, Devon, died of an OD 6 months later -- his family says he was unable to cope with the grief over Brandon's death.


Devon Majewski and the boys' mother Venetta Mylnczyk

Ms. Simon is claiming negligence on the part of the boys contributed to the accident. She further claims the boys failed to properly use their brakes, referring to them as “incompetent bicyclists.”

Police on the scene, including Ms. Simon’s police officer husband (he was following behind her when she hit the boys), ruled the incident an accident due to poor visibility and hazardous driving conditions due to rain.

Majewski’s family is counter-suing, claiming Ms. Simon was speeding and possibly intoxicated and distracted by talking on her phone. Authorities, however, don’t believe she was under the influence at the time of the collision. While not charged in the accident, Ms. Simon was reportedly going 90km/h in an 80km/h zone, a fact confirmed by police.

Majewski’s family is expressing outrage over the lawsuit. Ms. Simon has not made any public statements concerning the case.

“I’m devastated, I’m in shock,” Majewski’s mother, Venetta Mylnczyk, told the Toronto Sun. “She killed my child and now she wants to profit from it? She says she’s in pain? Tell her to look inside my head and she will see pain, she will see panic, she will see nightmares.”

Refs:
http://www.ecanadanow.com/canada/2014/04...s-victims/
http://www.sunnewsnetwork.ca/sunnews/can...10951.html
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I really hope Ms. Simon loses her case. I'm sure it's emotionally devastating to kill another person, even in a no-fault accident. But, suing the boys that she hit for the pain they've caused her is outrageous to me. (I want to see Sharlene Simon's face, but couldn't find a photo of the woman.)

Anyway, the boys were reportedly wearing dark clothes and the road was also dark and wet. They had reflectors on their bikes, but not lights. IMO, it was a terrible accident and Mrs. Simon wasn't charged with vehicular manslaughter, nor did the boys' family bring suit against her until she filed against them.

Simon is suing the families of all three of the boys she hit.